Intention to permanently deprive s.6 Flashcards

1
Q

Is there any definition in the theft act

A

no

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2
Q

You don’t have to permanently deprive but instead

A

intend to do so

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3
Q

What level of intention is sufficient

A

Intention as theft is SIC so recklessness is insufficient

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4
Q

What is intention to permanently deprive

A

intending to treat property as own when it does not belong this also covers situations where property is borrowed

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5
Q

usually borrowing does not amount to ITPD but when will it

A

if the intention was to return the property in a changed state so that all the virtue or goodness had gone e.g. borrowing a bus pass for a day but using it up

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6
Q

If a person borrows money intention to later repay is the an ITPD

A

yes however there may not be dishonesty

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7
Q

case showing intention of repay

A

R V Velumly:

took money from company safe intending to repay, conviction upheld as he intended to PD of those specific banknotes

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8
Q

Which section covers the situation of the borrower and what does it say

A

s.6.1
That a borrower can still have ITPD if the borrowing is for a period and in circumstances making it equal to outright taking

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9
Q

What does s.6.2 deal with

A

pawning situations- if pawn without permission the ITPD it does not matter if you intend to retrieve the goods as it might not be possible to get the goods back

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10
Q

Case for ITPD even if the intention is only to temporarily deprive

A

Lloyd: projectionist gave a film to D who copied it and returned in time for next screening

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